Judge upholds expert witnesses limit in transvaginal mesh cases

Plaintiffs in a C.R. Bard transvaginal mesh multidistrict litigation consolidated in federal court were told by a West Virginia federal judge that they could only call three expert witnesses per case, a standard that was established during a pre-trial order last July.

Plaintiffs had argued that limiting their experts to three could prevent them from showing burden of proof. In some cases, they argued, they may need more variety in experts, such as a pathologist, a materials expert, a causation expert (such as a gynecologist or urologist), and a specialist in pelvic pain.

But the arguments didn’t sway Judge Goodwin, who is overseeing seven MDLs containing more than 70,000 cases involving injuries such as infections and chronic pain caused by transvaginal mesh. The C.R. Bard MDL contains about 10,000 cases.

“I have made it clear to the parties that it is my intention to quickly work up these cases for trial and remand them to the appropriate districts for trial,” he said. Judge Goodwin added that the order does contain a provision that allows additional experts if needed.

Transvaginal mesh, also referred to as bladder sling, is a type of surgical mesh implanted in side the body to hold up organs that have dropped, conditions known as pelvic organ prolapse and stress urinary incontinence. The devices have been associated with serious complications including erosion and perforation causing chronic pain, infections, hemorrhaging, incontinence and painful sexual intercourse.

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